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People v. Donohue

Appellate Division of the Supreme Court of New York, Second Department
Feb 6, 1961
12 A.D.2d 943 (N.Y. App. Div. 1961)

Opinion

February 6, 1961


Appeal by defendant from a judgment of the Court of Special Sessions of the City of New York, Borough of Queens, rendered June 2, 1960, convicting him of violation of section 1140 of the Penal Law, and suspending sentence. Judgment reversed on the law and the facts and a new trial ordered. On the evidence adduced a close question of fact was presented as to the identity of the person who had committed the crime. In support of the complainants' evidence the arresting officer was permitted to testify that at the time of the arrest both complainants had identified the defendant. The admission of such testimony by the officer was error. In our opinion, under the circumstances here disclosed, such error requires reversal in the interest of justice, even though there was no objection to the officer's testimony when it was received (cf. People v. De Jesus, 11 A.D.2d 711, 712, and cases cited). Nolan, P.J., Beldock, Kleinfeld, Christ and Pette, JJ., concur.


Summaries of

People v. Donohue

Appellate Division of the Supreme Court of New York, Second Department
Feb 6, 1961
12 A.D.2d 943 (N.Y. App. Div. 1961)
Case details for

People v. Donohue

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN T. DONOHUE…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 6, 1961

Citations

12 A.D.2d 943 (N.Y. App. Div. 1961)